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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, December 11, 2012

7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, CMC, Acting City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Preliminary Matters

Roll Call:

Ceremonial Matters:In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

Swearing in of newly elected Mayor and Councilmembers.

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting. Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item. The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar. Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action. Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point. Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

Recommendation: Adopt second reading of Ordinance No. 7,274–N.S. authorizing the City Manager to execute a lease agreement with TheatreFIRST, Inc. for the use and management of the Live Oak Theatre at the Live Oak Community Center located at 1301 Shattuck Avenue for a term of five years with one five-year option.

Recommendation: Adopt a Resolution establishing a standing list of representatives of the City of Berkeley designated to participate in closed sessions with the City Council to discuss labor negotiations with certain unions and unrepresented employees and rescinding Resolution No. 63,978-N.S.

Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager's threshold will be returned to Council for final approval.

1. Approving an initial round of Housing Trust Fund (HTF) reservations for two new construction projects at Harper Crossings ($2,300,000, including a forward commitment of $499,000) and Grayson Street Apartments ($1,095,000), and additional funding for UA Homes ($134,000); and

2. Approving an alternative set of HTF reservations if Harper Crossings is unable to obtain sufficient project financing by December 2013 to complete the project; and

3. Waiving the HTF Guidelines regarding predevelopment funding and project selection to allow the City Manager to enter into contracts and agreements for development and predevelopment loans.

Recommendation: Adopt a Resolution authorizing the City Manager to amend and extend Contract No. 8150 with Quest Diagnostics to perform laboratory tests related to clinical public health services, increasing the not to exceed amount by $50,000 for a total not to exceed amount of $275,000 through December 31, 2013.

Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No 7489C with Software AG for WebMethods Enterprise Service Bus ("Middleware") licensing and maintenance, increasing the amount by $51,055, for a total not to exceed $306,055 from December 21, 2007 to December 31, 2014.

Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8865A with Accela, Inc., adding $176,750 for software, maintenance, and services related to the implementation of Asset Management software, for a total amount not to exceed $416,750, from December 12, 2011 to June 30, 2016.

Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Environmental Enhancement and Mitigation Caltrans Program (EEMP) for the Berkeley Urban Reforestation Project in the amount of $243,540; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.

2. Accepting the bid of the lowest responsive and responsible bidder, California Trenchless, Inc.; and

3. Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $1,138,862 for the period of 120 calendar days from the date of the execution of the contract.

Recommendation: Adopt a Resolution approving plans and specifications for the Street Rehabilitation FY 2013 Project, 13-10687-C; accepting the bid of Gallagher & Burk, Inc.; rejecting the bid protest of MCK Services, Inc., the second lowest bidder; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $2,756,494.

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7524C with SOHA Engineers to provide on-call structural engineering services for 3 City facilities, increasing the contract amount by $40,500 for a revised not-to-exceed authorization and contract amount of $139,320 and extending the contract term through June 30, 2013.

Recommendation: Adopt a Resolution authorizing the City Manager to negotiate and execute an amendment to the current grant agreement Contract No. R9140 with the Association of Bay Area Governments (ABAG), increasing the amount from $65,000 up to $88,203 for the installation of trash capture devices.

Recommendation: Adopt a Resolution authorizing the issuance of a major encroachment permit to the University of California for the Berkeley Art Museum and Pacific Film Archive, consisting of a building cantilever, an Americans with Disabilities Act compliant accessible ramp and stairs, fire department system test connections, and bookstore windows over and in the public right of way on Center Street.

Recommendation: Adopt a Resolution approving the withdrawal of the bid by Andes Construction, Inc., including release of their bid bond, and rejecting all bids received on October 23, 2012, and authorizing the City Manager to re-scope and re-bid the Sanitary Sewer Rehabilitation Project on Sacramento Street and Woolsey Street.

Recommendation: Adopt a Resolution confirming the appointment of Mr. Rico Robinson (District 2), Ms. Justina Cross (District 3) and Ms. Veneita Porter (District 3) as elected representatives of the poor on the Human Welfare Community Action Commission (HWCAC), having been selected by the remaining elected representatives of the poor at the HWCAC November 14, 2012 meeting, and that their terms shall expire November 14, 2016.

Recommendation: Direct the City Manager to propose methods of enforcing the zoning and municipal codes that would result in more timely compliance of problematic uses, including those in undisputable violation of our laws, and/or propose ways in which to streamline the nuisance abatement procedure and return with a report and suggestions to improve the process in 6 months.

Recommendation: Adopt a Resolution endorsing the Robin Hood Tax Campaign; supports the Inclusive Prosperity Act (HR 6411) introduced by Rep. Keith Ellison (D-MN), which would impose a small tax of 50 cents on the trade of every $100 of stocks and a lesser tax on the trade of other financial instruments, and asks our Members of Congress, the US Senate and the President to support and help pass and sign into law the Prosperity Act (HR 6411).

Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Councilmembers Capitelli, Wengraf and Wozniak to the Berkeley Public Library Foundation’s 11th Annual Authors Dinner with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmembers Capitelli, Wengraf, Wozniak and any other Councilmembers who would like to contribute.

Financial Implications: No General Fund impact; $500 is available from Councilmembers Capitelli, Wengraf, and Wozniak’s Council Office Budget discretionary accounts.

Contact: Susan Wengraf, Councilmember, District 6, 981-7160

Action Calendar

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up. Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action Calendar – Public Hearings

Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

1. Adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, “the District”) for 2013 and, if no majority protest exists, levy annual assessments in the area for calendar year 2013 to finance improvements in the District; and

2. Adopt a Resolution authorizing the City Manager to enter into a contract with Livable Berkeley for disbursal of District funds for purposes outlined in the Annual Report and Budget and adding an additional purpose for expenditures.

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website athttp://www.cityofberkeley.info.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 981-6908 orclerk@cityofberkely.info for further information.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 29, 2012.

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.